Bill Text: IA SF570 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act establishing the sexual assault forensic examiner program.(Formerly SSB 1154.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-07 - Withdrawn. S.J. 835. [SF570 Detail]
Download: Iowa-2021-SF570-Introduced.html
Senate
File
570
-
Introduced
SENATE
FILE
570
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1154)
(COMPANION
TO
HF
603
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
establishing
the
sexual
assault
forensic
examiner
1
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
13.31,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
8.
Administer
the
sexual
assault
forensic
3
examiner
program
established
pursuant
to
section
915.46
for
4
training
and
providing
technical
assistance
to
sexual
assault
5
examiners
and
sexual
assault
nurse
examiners.
6
Sec.
2.
NEW
SECTION
.
915.46
Sexual
assault
forensic
7
examiner
program.
8
1.
As
used
in
this
section:
9
a.
“Federally
qualified
health
center”
means
a
facility
as
10
defined
in
42
U.S.C.
§1396d(1)(2)(B)
that
provides
primary
care
11
or
sexual
health
services.
12
b.
“Medical
forensic
services”
include
but
are
not
13
limited
to,
taking
a
medical
history,
performing
photographic
14
documentation,
performing
a
physical
examination,
assessing
a
15
patient
for
evidence
collection,
collection
of
evidence
using
16
a
sexual
abuse
evidence
collection
kit,
assessing
a
patient
17
for
drug-facilitated
or
alcohol-facilitated
sexual
assault,
18
providing
an
evaluation
of
and
care
for
sexually
transmitted
19
infection
and
HIV,
pregnancy
risk
evaluation
and
care,
and
20
discharge
and
follow-up
health
care
planning.
21
c.
“Pediatric
treatment
facility”
means
a
treatment
facility
22
that
provides
treatment
relating
to
the
development,
care,
and
23
diseases
of
infants,
children,
and
adolescents
and
that
meets
24
the
accreditation
requirements
described
in
subsection
3.
25
d.
“Sexual
assault
examiner”
means
a
medical
practitioner
26
who
is
trained
to
provide
services
that
include
but
are
not
27
limited
to
the
following:
28
(1)
Taking
a
medical
history.
29
(2)
Performing
photographic
documentation.
30
(3)
Performing
a
physical
examination.
31
(4)
Assessing
a
patient
for
evidence
collection.
32
(5)
Collecting
evidence
using
a
sexual
abuse
evidence
33
collection
kit.
34
(6)
Assessing
a
patient
for
drug-facilitated
or
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alcohol-facilitated
sexual
assault.
1
(7)
Providing
an
evaluation
of
care
for
sexually
2
transmitted
infection
and
HIV,
pregnancy
risk
evaluation,
and
3
care.
4
(8)
Providing
discharge
follow-up
health
care
planning.
5
e.
“Sexual
assault
nurse
examiner”
means
a
registered
nurse,
6
an
advanced
registered
nurse
practitioner,
or
an
advanced
7
practice
registered
nurse,
licensed
pursuant
to
chapter
152
8
or
152E
who
has
completed
a
sexual
assault
forensic
examiner
9
program
that
meets
the
sexual
assault
nurse
examiner
education
10
guidelines
established
by
the
international
association
of
11
forensic
nurses.
12
f.
“Sexual
assault
survivor”
means
a
person
who
seeks
13
medical
forensic
services
in
relation
to
injuries
or
trauma
14
resulting
from
a
sexual
assault.
15
g.
“Treatment
facility”
means
a
hospital,
clinic,
or
16
pediatric
treatment
facility
that
provides
medical
forensic
17
services
to
sexual
assault
survivors
who
seek
medical
forensic
18
services
for
a
sexual
assault
within
seven
days
of
a
sexual
19
assault,
or
who
have
disclosed
a
past
sexual
assault
by
a
20
specific
person.
21
2.
A
sexual
assault
forensic
examiner
program
is
22
established
within
the
department
of
justice.
The
sexual
23
assault
forensic
examiner
program
shall
maintain
a
list
of
24
sexual
assault
examiners
and
sexual
assault
nurse
examiners
who
25
have
completed
didactic
and
clinical
training
approved
by
the
26
department
of
justice
and
consistent
with
the
sexual
assault
27
forensic
examiner
education
guidelines
established
by
the
28
international
association
of
forensic
nurses.
29
3.
In
order
to
qualify
as
a
treatment
facility
under
30
this
section,
a
pediatric
treatment
facility
shall
meet
31
the
accreditation
standards
for
children’s
advocacy
centers
32
adopted
by
the
national
children’s
alliance
including
any
33
of
the
following
medical
provider
eligibility
or
training
34
requirements:
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a.
Child
abuse
pediatric
sub-board
eligibility
or
1
certification.
2
b.
A
minimum
of
sixteen
hours
of
formal
didactic
training
in
3
the
medical
evaluation
of
child
sexual
abuse
for
a
physician
4
without
board
certification
or
board
eligibility
in
child
5
abuse
pediatrics,
an
advanced
practice
registered
nurse,
or
a
6
physician
assistant.
7
c.
A
minimum
of
forty
hours
of
coursework
specific
to
8
the
medical
evaluation
of
child
sexual
abuse
followed
by
a
9
competency-based
clinical
preceptorship.
10
d.
A
pediatric
treatment
facility
shall
not
exclude
the
11
presence
of
or
interfere
with
the
activities
of
a
victim
12
counselor
as
defined
in
section
915.20A.
13
4.
a.
By
July
1,
2022,
the
sexual
assault
forensic
14
examiner
program
shall
develop
and
make
available
to
treatment
15
facilities
two
hours
of
online
sexual
assault
training
for
16
sexual
assault
examiners
and
sexual
assault
nurse
examiners.
17
Notwithstanding
any
other
law
regarding
ongoing
licensure
18
requirements,
such
training
shall
apply
toward
the
continuing
19
medical
education
and
continuing
nursing
education
credits
20
for
physicians,
physician
assistants,
registered
nurses,
21
advanced
registered
nurse
practitioners,
and
advanced
practice
22
registered
nurses.
23
b.
The
sexual
assault
forensic
examiner
program
shall
24
provide
didactic
and
clinical
training
opportunities
consistent
25
with
the
sexual
assault
forensic
examiner
education
guidelines
26
established
by
the
international
association
of
forensic
27
nurses,
in
collaboration
with
the
Iowa
department
of
public
28
health
and
the
Iowa
coalition
against
sexual
assault,
in
29
sufficient
numbers
and
geographical
locations
across
the
state
30
to
assist
treatment
facilities
with
training
sexual
assault
31
examiners
and
sexual
assault
nurse
examiners.
32
c.
Sexual
assault
training
provided
under
this
subsection
33
may
be
provided
in
person
or
online
and
shall
include
but
is
34
not
limited
to
information
concerning
all
of
the
following:
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(1)
The
provision
of
medical
forensic
services.
1
(2)
The
use
of
a
sexual
abuse
evidence
collection
kit.
2
(3)
Sexual
assault
epidemiology,
the
neurobiology
of
3
trauma,
drug-facilitated
sexual
assault,
child
sexual
abuse,
4
and
Iowa
sexual
assault-related
laws.
5
(4)
The
treatment
facility’s
sexual
assault-related
6
policies
and
procedures.
7
5.
The
sexual
assault
forensic
examiner
program,
in
8
collaboration
with
qualified
medical
providers,
the
Iowa
9
department
of
public
health,
and
the
Iowa
coalition
against
10
sexual
assault,
shall
create
uniform
materials
that
all
11
treatment
facilities
and
federally
qualified
health
centers
12
are
required
to
provide
to
patients
and
non-offending
parents
13
or
legal
guardians,
if
applicable,
regarding
medical
forensic
14
examination
procedures,
laws
regarding
consent
relating
to
15
medical
forensic
services,
and
the
benefits
and
risks
of
16
evidence
collection,
including
recommended
time
frames
for
17
evidence
collection
pursuant
to
evidence-based
research.
18
These
materials
shall
be
made
available
on
the
department
19
of
justice’s
internet
site
to
all
treatment
facilities
and
20
federally
qualified
health
centers.
21
6.
The
sexual
assault
forensic
examiner
program,
in
22
collaboration
with
qualified
medical
providers,
the
Iowa
23
department
of
public
health,
and
the
Iowa
coalition
against
24
sexual
assault,
shall
create
and
update
statewide
sexual
25
assault
examiner
and
sexual
assault
nurse
examiner
protocols,
26
shall
provide
technical
assistance
upon
request
to
health
care
27
professionals,
and
shall
provide
expertise
on
best
practices
to
28
health
care
professionals
relating
to
sexual
assault
forensic
29
examinations.
30
7.
Advisory
committee.
31
a.
The
department
of
justice
shall
establish
an
advisory
32
committee
to
support
the
sexual
assault
forensic
examiner
33
program
implemented
in
accordance
with
this
section.
The
34
duties
of
the
committee
shall
include
but
are
not
limited
to
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the
following:
1
(1)
Advising
the
department
of
justice
regarding
the
2
training
programs
developed
for
the
sexual
assault
forensic
3
examiner
program.
4
(2)
Reviewing
the
implementation
and
effectiveness
of
the
5
sexual
assault
forensic
examiner
program.
6
(3)
Recommending
to
the
department
of
justice
changes
in
7
legislation
and
administrative
rules
concerning
the
sexual
8
assault
forensic
examiner
program.
9
b.
Members
of
the
advisory
committee
shall
include
staff
10
members
of
the
department
of
justice
managing
the
sexual
11
assault
forensic
examiner
program;
representatives
from
the
12
department
of
public
health
as
determined
by
the
director
to
13
be
appropriate,
the
Iowa
coalition
against
sexual
assault,
the
14
board
of
nursing,
and
other
constituencies
as
determined
by
15
the
department
of
justice
with
an
interest
in
sexual
assault
16
forensic
examinations;
and
the
hospital
medical
staff
person
17
involved
with
emergency
services
pursuant
to
section
915.82.
18
Sec.
3.
Section
915.94,
Code
2021,
is
amended
to
read
as
19
follows:
20
915.94
Victim
compensation
fund.
21
A
victim
compensation
fund
is
established
as
a
separate
fund
22
in
the
state
treasury.
Moneys
deposited
in
the
fund
shall
23
be
administered
by
the
department
and
dedicated
to
and
used
24
for
the
purposes
of
section
915.41
and
this
subchapter
.
In
25
addition,
the
department
may
use
moneys
from
the
fund
for
the
26
purpose
of
the
department’s
prosecutor-based
victim
service
27
coordination,
including
the
duties
defined
in
sections
910.3
28
and
910.6
and
this
chapter
,
to
support
the
sexual
assault
29
forensic
examiner
program
established
in
section
915.46,
for
30
the
award
of
funds
to
programs
that
provide
services
and
31
support
to
victims
of
domestic
abuse
as
provided
in
chapter
32
236
,
to
victims
of
sexual
abuse
as
provided
in
chapter
236A
,
33
to
victims
under
section
710A.2
,
for
reimbursement
to
the
34
Iowa
law
enforcement
academy
for
domestic
abuse
and
human
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trafficking
training,
and
for
the
support
of
an
automated
1
victim
notification
system
established
in
section
915.10A
.
2
For
each
fiscal
year,
the
department
may
also
use
up
to
three
3
hundred
thousand
dollars
from
the
fund
to
provide
training
4
for
victim
service
providers,
to
provide
training
for
related
5
professionals
concerning
victim
service
programming,
and
6
to
provide
training
concerning
homicide,
domestic
assault,
7
sexual
assault,
stalking,
harassment,
and
human
trafficking
as
8
required
by
section
710A.6
.
Notwithstanding
section
8.33
,
any
9
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
not
10
revert
to
the
general
fund
of
the
state.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
establishes
the
sexual
assault
forensic
examiner
15
program.
16
The
bill
provides
that
the
victim
assistance
program
17
established
in
the
department
of
justice
shall
administer
18
the
sexual
assault
forensic
examiner
program
established
in
19
the
bill
(Code
section
915.46)
for
training,
certifying,
and
20
providing
technical
assistance
to
sexual
assault
forensic
21
examiners
and
sexual
assault
nurse
examiners.
The
bill
22
provides
definitions
including
definitions
of
“sexual
assault
23
examiner”,
“sexual
assault
nurse
examiner”,
“treatment
24
facility”,
and
“pediatric
treatment
facility”.
25
The
bill
provides
that
a
sexual
assault
forensic
examiner
26
program
is
established
within
the
department
of
justice.
The
27
sexual
assault
forensic
examiner
program
shall
maintain
a
list
28
of
sexual
assault
examiners
and
sexual
assault
nurse
examiners
29
who
have
completed
certain
training.
By
July
1,
2022,
the
30
sexual
assault
forensic
examiner
program
shall
develop
and
31
make
available
to
treatment
facilities
two
hours
of
online
32
sexual
assault
training
for
sexual
assault
examiners
and
33
sexual
assault
nurse
examiners.
Notwithstanding
any
other
law
34
regarding
ongoing
licensure
requirements,
such
training
shall
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apply
toward
the
continuing
medical
education
and
continuing
1
nursing
education
credits
for
physicians,
physician
assistants,
2
registered
nurses,
advanced
registered
nurse
practitioners,
and
3
advanced
practice
registered
nurses.
4
The
bill
provides
that
sexual
assault
examiner
training,
5
including
didactic
and
clinical
training,
may
be
provided
6
in
person
or
online
and
shall
include
but
is
not
limited
to
7
information
concerning
the
provision
of
medical
forensic
8
services;
the
use
of
a
sexual
abuse
evidence
collection
kit;
9
sexual
assault
epidemiology,
the
neurobiology
of
trauma,
10
drug-facilitated
sexual
assault,
child
sexual
abuse,
and
Iowa
11
sexual
assault-related
laws;
and
the
treatment
facility’s
12
sexual
assault-related
policies
and
procedures.
13
The
bill
provides
that
the
sexual
assault
forensic
examiner
14
program,
in
collaboration
with
qualified
medical
providers,
15
the
Iowa
department
of
public
health,
and
the
Iowa
coalition
16
against
sexual
assault,
shall
create
uniform
materials
that
all
17
treatment
facilities
and
federally
qualified
health
centers
18
are
required
to
provide
to
patients
and
non-offending
parents
19
or
legal
guardians,
if
applicable,
regarding
medical
forensic
20
examination
procedures,
laws
regarding
consent
relating
to
21
medical
forensic
services,
and
the
benefits
and
risks
of
22
evidence
collection
including
recommended
time
frames
for
23
evidence
collection
pursuant
to
evidence-based
research.
24
The
materials
shall
be
made
available
on
the
department
25
of
justice’s
internet
site
to
all
treatment
facilities
and
26
federally
qualified
health
centers.
The
sexual
assault
27
forensic
examiner
program,
in
collaboration
with
qualified
28
medical
providers,
the
Iowa
department
of
public
health,
and
29
the
Iowa
coalition
against
sexual
assault,
shall
create
and
30
update
statewide
sexual
assault
examiner
and
sexual
assault
31
nurse
examiner
protocols,
shall
provide
technical
assistance
32
upon
request
to
health
care
professionals,
and
shall
provide
33
expertise
on
best
practices
to
health
care
professionals
34
relating
to
sexual
assault
forensic
examinations.
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The
bill
provides
that
the
department
of
justice
shall
1
establish
an
advisory
committee
to
support
the
sexual
assault
2
forensic
examiner
program.
The
duties
of
the
committee
shall
3
include
but
are
not
limited
to
the
following:
advising
the
4
department
of
justice
regarding
the
training
programs
developed
5
for
the
sexual
assault
forensic
examiner
program;
reviewing
the
6
implementation
and
effectiveness
of
the
sexual
assault
forensic
7
examiner
program;
and
recommending
to
the
department
of
justice
8
changes
in
legislation
and
administrative
rules
concerning
the
9
sexual
assault
forensic
examiner
program.
The
bill
specifies
10
the
members
of
the
advisory
committee.
11
The
bill
provides
that
the
department
may
use
moneys
from
the
12
victim
compensation
fund
to
support
the
sexual
assault
forensic
13
examiner
program.
14
-8-
LSB
1336SV
(2)
89
as/rh
8/
8
